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Building Capacity for Negotiating Skills and Conflict Transformation in Zimbabwe A Project of the Government of Zimbabwe and the United Nations Development.

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Presentation on theme: "Building Capacity for Negotiating Skills and Conflict Transformation in Zimbabwe A Project of the Government of Zimbabwe and the United Nations Development."— Presentation transcript:

1 Building Capacity for Negotiating Skills and Conflict Transformation in Zimbabwe A Project of the Government of Zimbabwe and the United Nations Development Programme Compiled by Clever Nyathi (UNDP-Zimbabwe) and Andries Odendaal (Centre for Conflict Resolution, Cape Town, South Africa), 2005

2 What is our Training Methodology? John Paul Lederach (Beyond Prescription; New Lenses for Conflict Resolution Training Across Cultures, 1994) Prescriptive Elicitive We are here!

3 Power Point Presentation (PPP) To summarise and consolidate ‘prescriptive’ inputs BUT NOT SUBSTITUTE Participants’ inputs, reasoning or debates

4 Action-Learning Cycle Taylor, Marais and Kaplan (Action Learning for Development, 1997) Action Reflection Learning Planning

5 What is Conflict? Normal Inevitable Necessary… and Can, therefore, either build or destroy relationships

6 What are the Functions of Conflict? A signal indicating the need to create or modify rules, norms, laws and institutions Tells us how important relationships are Can create coalitions Enhance group cohesion through issue and belief clarification

7 Having said this, how do we define conflict? Conflict is the energy that builds up when individuals or groups of people pursue incompatible goals in their drive to meet their needs and interests

8 What is Peace? Negative peace refers to the absence of violence Positive peace is the restoration of relationships, establishment of justice, and the creation of just social systems that serve the needs of the whole population Peace, therefore, is the framework within which conflicts unfold non-violently and creatively Johan Galtung, Peace by Peaceful Means, 1996.

9 CONFLICT RESOLUTION: TERMS AND DEFINITIONS Co-operative Problem-solving is an unassisted procedure which includes formal or informal discussions between individuals or groups Conflict Prevention refers to efforts to prevent the outbreak of violence Conflict Management describes processes and efforts to manage the negative implications and manifestations of conflict Conflict Resolution seeks to resolve conflict by addressing root causes

10 Conflict Transformation Communicates the following notions: Focus on developmental process of the conflict Facilitates positive change in relationships, actors, communication, perceptions, issues and social organisations Movement from violent to constructive expression of conflict Concentration on structural reform Complex and multi-faceted interventions Alex P Schmidt, Thesaurus and Glossary of Early Warning and Conflict Prevention Terms, 1998

11 Strategy for Conflict Transformation John Paul Lederach, Building Peace: Sustainable Reconciliation in Divided Societies, 1995

12 Types of Conflict Centre for Conflict Resolution, Cape Town, South Africa, 1999

13 Circle of Conflict Copyright © 1997 CDR Associates, Boulder, Co.

14 Fuelling Conflict Satisfiers Basic Human Needs : Subsistence, security, freedom, acceptance, identity, participation, understanding, leisure, creativity

15 Human Needs Manfred A. Max-Neef Human scale development: conception, application and further reflections. New York: Apex.

16 What Determines Perceptions? Culture Psychological need for self- esteem Selective interpretation of facts Basic human needs Experience

17 Approaches to conflict ApproachStrategyKey SkillsOutcomeOwnershipRelations Power CoercionControl of instruments of power Win-LoseLow for loserDamaging Rights AdjudicationKnowledge of the law Win-LoseLow for loserDamaging ArbitrationKnowledge of the law Win-LoseLow for loserPotentially Damaging Interests MediationCommunicationWin-WinHighPotentially Enhancing FacilitationCommunicationWin-WinHighPotentially Enhancing ConciliationCommunicationWin-WinHighPotentially Enhancing NegotiationCommunicationWin-WinHighPotentially Enhancing (Based on Ury, Brett and Goldberg, 1988) Deteriorating Relationships

18 5 Levels of Communication Chris Spies, 2002

19 ‘Listen’ to Feelings FAMSA, 1995

20 The Four Ears of Listening Undine Kayser, 2003

21 Active Listening Techniques (1) Centre for Conflict Resolution, Cape Town, South Africa, 1999

22 Active Listening Techniques (2) Centre for Conflict Resolution, Cape Town, South Africa, 1999

23 Active Listening Techniques (3) Centre for Conflict Resolution, Cape Town, South Africa, 1999

24 Active Listening Techniques (4) Centre for Conflict Resolution, Cape Town, South Africa, 1999

25 Communication Stumbling Blocks (1) Centre for Conflict Resolution, Cape Town, South Africa, 1999

26 Communication Stumbling Blocks (2) Centre for Conflict Resolution, Cape Town, South Africa, 1999

27 Communication Stumbling Blocks (3) Centre for Conflict Resolution, Cape Town, South Africa, 1999

28 Communication Stumbling Blocks (4) Centre for Conflict Resolution, Cape Town, South Africa, 1999

29 Defusing Anger Centre for Conflict Resolution, Cape Town, South Africa, 1999

30 What is Negotiation? Negotiation is a voluntary attempt, through direct dialogue, to resolve conflicts that arise from competing needs, interests and goals

31 Negotiation Strategies Positional negotiation : refers to a competitive process in which parties make offers and counter-offers which they feel will resolve the conflict Interest-based negotiation : is designed for parties who have a need to create or maintain healthy relationships

32 Positional Negotiation Options Acceptable to both A and B Joint Bargaining Range Part B’s Bargaining Range Party A’s Bargaining Range Party B’s bottom-line position Party B’s best solution Party A’s best solution Party A’s bottom-line

33 Interest-based Negotiation CDR Associates, 1997 Interests Procedural Psychological Substantive

34 Interest-based Negotiations Tips Identify substantive, psychological and procedural interests Parties inform each other on their interests, needs and concerns Avoid stating issues in win/lose terms Generate a range of problem-solving options and evaluate each separately Adapted from Fisher and Ury, Getting to Yes, 1981

35 Moving from positional to interest- based negotiation: Suggestions Understand why a position is taken by a party Be hard on the problem, soft on the person Look for win-win solutions If a proposal is attacked, ask why Agree on general principles to guide decision-making (e.g., solutions must be fair to all) Use outside experts to break deadlocks Adapted from Fisher and Ury, Getting to Yes, 1981

36 What is mediation? Mediation refers to a process through which a third party provides procedural assistance to help individuals or groups in conflict to resolve their differences

37 Principles of Mediation The parties must consent to mediation and the choice of mediator Parties must own the settlement The mediator offers procedural rather than substantive assistance The mediator must remain impartial The mediator should not apply punitive measures Mediation is not a ‘quick fix’ solution to complex problems Mediation is a specialised activity Laurie Nathan, 1999

38 Stages of the Mediation Process Introduction Conflict description Problem-solving Agreement

39 Introduction Stage Create a ‘safe space’ for parties Clarify process and mediator’s role Establish consensus on ground rules

40 Conflict Description Purpose:To allow mediator and parties to fully hear each other Listening:Mediator to utilise listening skills Framing issues:Mediator to summarise issues in language acceptable to all parties

41 Problem-solving Some key skills required for managing the problem-solving stage are: Relationship-building skills Process-management skills Problem-solving skills

42 Relationship-building Skills Attentive listening Highlight commonalities and good intentions Acknowledge feelings and fears Assist parties to engage in direct dialogue and paraphrasing Draw people out in caucus Affirm parties and celebrate progress

43 Process-management Skills Maintain control of the process Help parties reach consensus on agenda and agenda order Mediator should always use impartial language Point out commonalities Clarify issues Call a caucus when appropriate

44 Problem-solving Skills Select an appropriate sequence, for example: Principles first Future first Criteria first Focus on interests

45 Agreement The agreement should state clearly WHO is agreeing to WHAT, WHERE, WHEN and HOW. The disputants' wording can be used whenever possible. An effective mediation agreement should be: Clear about deadlines Balanced Realistic Specific Clear and simple Pro-active Signed by everyone present

46 To be a good mediator: Sharpen your pencil for good record-keeping Clean your ears for active listening Open your heart for empathy Sit on your ego, for the decision is not yours


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